Hernandez Arellano v. Garland et al
Petitioner: Abigail Hernandez Arellano
Respondent: Merrick B Garland, Alejandro Mayorkas, Thomas E. Feeley, Patrick A. Russo, US Department of Homeland Security and US Immigration & Customs Enforcement
Case Number: 9:2021cv00855
Filed: July 29, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Daniel J Stewart
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2021 Filing 11 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction as Moot, or in the Alternative for Failure to Exhaust filed by Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, US Department of Homeland Security, US Immigration & Customs Enforcement. Motion returnable before Judge D'Agostino Response to Motion due by 10/12/2021. Reply to Response to Motion due by 10/18/2021 (Attachments: #1 Memorandum of Law in Support of Respondents' Motion to Dismiss, #2 Declaration of C. Harris Dague, #3 Exhibit(s) 1 to Dague Declaration, #4 Exhibit(s) 2 to Dague Declaration, #5 Exhibit(s) 3 to Dague Declaration, #6 Declaration of Service via CM/ECF) (Dague, C.)
September 13, 2021 Filing 10 TEXT ORDER granting #9 Letter Request for a one-week extension of time to respond to #1 Petition for Writ of Habeas Corpus: It is hereby ORDERED that the respondents time to respond/answer the Petition for Writ of Habeas Corpus is Extended to 9/20/21. It is further ORDERED that the Petitioner shall respond to the Letter Motion [Dkt. No. 9] on or before 9/15/21. No conference will be scheduled at this time, but if after a review of additional submissions a conference is warranted one will be scheduled. Signed by U.S. District Judge Mae A. D'Agostino on 9/13/21. (ban)
September 9, 2021 Filing 9 Letter Motion from C. Harris Dague for Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, US Department of Homeland Security, US Immigration & Customs Enforcement requesting Court Conference and One-Week Adjournment submitted to Judge Mae A. D'Agostino . (Dague, C.)
August 27, 2021 Filing 8 NOTICE of Appearance by Michael E Marszalkowski on behalf of Abigail Hernandez Arellano (Marszalkowski, Michael)
August 27, 2021 Filing 7 NOTICE of Appearance by C. Harris Dague on behalf of Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, US Department of Homeland Security, US Immigration & Customs Enforcement (Dague, C.)
August 23, 2021 Filing 6 DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order and the petition upon the (1) United States Attorney for the Northern District of New York; (2) United States Attorney General; (3) United States Immigration and Customs Enforcement; and (4) Rensselaer County Attorney in accordance with the Local Rules. ORDERED that the respondents shall file and serve an answer to the petition, and provide the Court with the relevant records, within twenty-one (21) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within seven (7) days of the filing date of respondent's answer. Signed by U.S. District Judge Mae A. D'Agostino on August 23, 2021.[response due by 9/13/21]{served as directed} (nas, )
August 9, 2021 Filing 5 NOTICE from attorney Michael Marszalkowski informing the Court that he will continue to represent Petitioner in this action. (nas, )
July 29, 2021 Filing 4 NOTICE of Admission Requirement as to Party Abigail Hernandez Arellano; Attorney Michael E. Marszalkowski, Email address is mmars@serottelaw.com. Phone number is (716) 881-2600. Admissions due by 8/12/2021. (meb)
July 29, 2021 Filing 3 Case transferred in from District of New York Western; Case Number 6:21-cv-06478. electronically transferred when case opened
July 29, 2021 Opinion or Order Filing 2 ORDER transferring this case to the Northern District of New York. Signed by Hon. Frank P. Geraci, Jr. on 7/23/2021. (LMD) [Transferred from New York Western on 7/29/2021.]
July 29, 2021 Case transferred to District of Northern District of New York. (LMD) [Transferred from New York Western on 7/29/2021.]
July 12, 2021 Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (JLV) [Transferred from New York Western on 7/29/2021.]
July 12, 2021 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JLV) [Transferred from New York Western on 7/29/2021.]
July 9, 2021 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0209-4297291.), filed by Abigail Hernandez Arellano. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex A - Petitioner's Psychological Eval, #3 Exhibit Ex B - Summary Order 6.22.2021, #4 Exhibit Ex C - PSR 7.18.2018, #5 Exhibit Ex D - 2021 Johnson Memo, #6 Exhibit Ex E - Petitioner's request to ICE 3.10.2021, #7 Exhibit Ex F - ICE denial 3.12.2021, #8 Exhibit Ex G - ICE denial 6.24.2021, #9 Exhibit Ex H - Ltr from E. Flores 7.10.2019, #10 Exhibit Ex I - Letters of Support)(Marszalkowski, Michael) [Transferred from New York Western on 7/29/2021.]

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Petitioner: Abigail Hernandez Arellano
Represented By: Michael E Marszalkowski
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Respondent: Merrick B Garland
Represented By: C. Harris Dague
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Respondent: Alejandro Mayorkas
Represented By: C. Harris Dague
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Respondent: Thomas E. Feeley
Represented By: C. Harris Dague
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Respondent: Patrick A. Russo
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Respondent: US Department of Homeland Security
Represented By: C. Harris Dague
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Respondent: US Immigration & Customs Enforcement
Represented By: C. Harris Dague
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